September 6, 2018
This is the impression conveyed by numerous press accounts, including a recent article by Alfred Lubrano in the Philadelphia Enquirer entitled “Risks of Reverse Mortgages.” The major themes that emerge from that article is that:
Are the
Risks Hidden?
The obligations of reverse mortgage borrowers are
very clear. They must pay their property taxes and
homeowners insurance, and maintain their property. Failure
to do any of this can result in foreclosure and loss of the
home.
These obligations are hardly hidden. Potential
borrowers approaching a lender receive a “Home Equity
Conversion Mortgage Analysis” with their name on it. This is
a bundle of documents designed to educate the consumer about
reverse mortgages in general, and it indicates the terms and
options available to the person named. On page 2 of this
document, it says “With a Home Equity Conversion Mortgage
you retain title to your home. This means that you also have
all your obligations as a home owner. You are responsible
for home owner taxes and insurances.” This is repeated on
p.8 and at numerous other places.
In addition to the uniquely comprehensive
disclosures they receive, reverse mortgage borrowers must be
counseled by an independent counselor approved by HUD.
Lenders cannot accept an application until the applicant
produces a certificate from an approved counselor. The
borrower’s obligations under the reverse mortgage contract
are a standard part of every counselor’s agenda.
In sum, I view driving a car as a lot riskier than
taking a reverse mortgage. When you drive, you have no
control over the maniacs on the road, but when you take a
reverse mortgage you are fully in charge of all the risks.
Deceptive Advertising
Drug advertisements are required by law to include
side effects and dangers, but that is not true of other
advertisements. Advertisers of everything else, including
reverse mortgages, stress the positives. In that regard,
reverse mortgage ads are no better or worse than automobile
ads.
Astute consumers know that you select an automobile
based not on ads but on information from an independent
source such as Consumer Reports. Astute reverse mortgage
borrowers can make an intelligent selection based on
Mortgage Professor. Yes, that is self-serving, if there were
other multi-lender networks in reverse mortgages, I would
cite them, but unfortunately as of now, mine is the only
one. I have petitioned HUD to certify multi-lender networks
in reverse mortgages, but so far to no avail.
Predatory Practices
To assess the allegation that reverse mortgage
lenders are predators requires a distinction between the
lending firms and their loan officer (LO) employees. LOs who
encourage borrowers to take maximum cash upfront –
generating a larger commission for the LO -- are predators.
There are some LOs who do this, it might even be the case
that they are especially numerous in this market because so
few HECM borrowers are well informed about the product. But
note that LOs can’t be predatory if borrowers access them
through a multi-lender network such as mine, because these
borrowers see all the various ways to draw funds, as well as
the amounts offered by different firms, before they ever see
an LO.
As opposed to commission-driven LOs, there is no
evidence that reverse mortgage lenders engage in predatory
behavior, no matter how that term is defined. Among the 9
lenders who offer reverse mortgages on my web site, despite
our invitation as the borrower’s ombudsman to report any
problems, we have yet to receive a single complaint.
My surmise is that the term “predatory lending” is
misused to describe marketing efforts directed toward
homeowners in financial distress. Because of the bad press,
as typified by the newspaper article that stimulated this
rejoinder, HECM borrowers are not a cross-section of
homeowners. Rather, they are heavily weighted by homeowners
in trouble. This is a group that may not read the disclosure
documents they are given very carefully, and may generate
losses to the insurance reserve fund. The viability of the
HECM program over the long run depends on whether it can
attract more borrowers who can get along without it but can
significantly improve their lifestyle with it.
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